Only the offense committed by a legal representative can result in the conviction of the business
Publié le 22 septembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)
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Criminal liability of a business may be incurred only if the offense was committed on its behalf by its legal representative (manager or agent). This was decided by the Court of Cassation in a judgment of the Criminal Chamber on June 13, 2023.
One municipality entrusted the operation of a sewage treatment plant to a business. A complaint has been lodged against the municipality and the business for the water pollution caused by the operation of this sewage treatment plant.
The Court of Appeal held that by choosing to continue operating the treatment plant when it was aware of the risks involved, the business was guilty of the offense of ‘discharging into fresh water a substance harmful to fish or its food value’. It also bases its decision on the fact that the business manager had acknowledged that the treatment plant was ‘structurally non-compliant’. The business appeals on a point of law and maintains that criminal liability may be incurred only where the alleged offense was committed, on its behalf, by one of its representatives.
The Court of Cassation quashes and quashes the appeal judgment. It considers that the business cannot be found guilty until it has been demonstrated that the Director, who acted on behalf of the business, had a delegation of powers and powers granting him the status of legal representative of that business.
Thus, in order to condemn a business, he is indispensable to show that the infringement alleged against him was committed, on his behalf, by one of its legal representatives.
